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2025 Supreme(Mad) 5293

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J.
 
Dr. R. Theerthamalai, S/o. A. Raji – Petitioner 
Versus
The State of Tamilnadu, Rep. By Its Principal Secretary to the Government, Department of Higher Education – Respondent
WP No. 47718 of 2025 and WMP No.53267 of 2025
Decided On : 10-12-2025
 

Advocates Appeared:
For the Petitioners: Mrs. Nalini Chitambaram, Senior Counsel for M/s. C.Uma
For the Respondents: Mr. M.R. Gokul Krishnan, Additional Government Pleader Mr. R. Siddharth

Writ of Mandamus can compel government authorities to act on representations concerning regularization under established norms without written examinations, emphasizing fairness and equality in administrative processes.

Headnote:The case concerns a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus for the regularization of petitioners as Assistant Professors in Government Colleges without a written examination, citing G.O.Ms.No.56 of 2020. The court outlined the historical context, affirming petitioners' qualifications and position equivalent to previous groups regularized. The court directed timely consideration of petitioners' representation concerning their regularization based on established norms.

Result: The 1st and 2nd respondents are directed to pass appropriate orders within two weeks from receipt of this judgment.

Table of Content
1. regularization of qualified lecturers in government universities. (Para 2)
2. court's directive for timely governmental response. (Para 3 , 4)
3. final decision on the writ petition. (Para 5)

ORDER :

M.DHANDAPANI, J.

1. This Writ petition has been filed, directing the 1st respondent to issue a Government Order similar to G.O.Ms.No.56, Higher Education (F2) Department, dated 21.03.2020 for regularization of the petitioners working in the Government Arts and Science Colleges converted from Constituent Colleges by G.O.Ms.No.183 , Higher Education (G1) Department, dated 15.09.2022 affiliated to Periyar University and Thiruvallur University as Assistant Professors without written examination and consequently, direct the 2nd Respondent to regularize the Petitioners as Assistant Professors in the Government Arts and Science Colleges in the time scale of pay based on Weightage of marks for teaching experience and qualifications as prescribed in G.O.Ms.No.412, Higher Education (F2) Department, dated 07.12.2009 read with G.O.Ms.No.32, Higher Education (F2) Department, dated 08.03.2013, Certificate verification and interview WITHOUT requiring the Petitioners to undergo any written examination.

2.The case of the petitioners is that the there were 41 Constituent Colleges functioning under various Universities in the State of Tamil Nadu. These Constituent Colleges were established and maintained by the respective Universities. In the first phase, the Government of Tamil Nadu converted 14 Constituent Colleges into Government Arts and Science Colleges between the years 1995-96 to 2010-2011. This conversion was formalized by G.O.Ms.No.36, Higher Education (G1) Department, dated 28.02.2019. The Government issued G.O.Ms.No.56, Higher Education (F2) Department, dated 21.03.2020, ordering the regularization of 1146 Guest Lecturers working in the 14 Constituent Colleges who possessed the minimum requisite qualifications for the post of Assistant Professors as per University Grants Commission norms and were directed to be appointed as Associate Professors after certificate verification and interview following rule of reservation without written examination. The said G.O.Ms.No.56 dated 21.03.2020 laid down specific conditions for regularization. However, before the interviews could be conducted for regularisation of the 1146 Guest Lecturers as Assistant Professors, the said G.O.Ms.No.56 dated 21.03.2020 was superseded by G.O.MS No.247 and G.O.Ms.No.248, Higher Education (F2) Department, dated 08.11.2022, directing that Guest Lecturers should take part in an open competitive written examination for getting regularised as Associate Professors. The said Government Orders Nos.247 and 248 dated 08.11.2022 were challenged by Guest Lecturers in a batch of Writ Petitions before this Court. In the landmark order dated 02.04.2024, the single Judge of this Court quashed G.O.Ms. No.248, Higher Education Department, dated 08.11.2022 insofar as it superseded G.O.Ms.No.56 after certificate verification, but before interview could be conducted, and directed the respondents to continue the selection process to fill up 1146 posts of Assistant Professor in accordance with G.O.Ms.No.56 based on the selection process already initiated and processed by the Directorate of Collegiate Education without written examination. Pursuant to the said order dated 02.04.2024, the regularization process for 1146 Guest Lecturers working in the 14 converted Government Arts and Science Colleges has been completed and they have been appointed as Assistant Professors in time scale of pay based on weightage of marks, certificate verification and interview without any written examination. In the meantime, in the second phase, the Government of Tamil Nadu converted 27 more Constituent Colleges under 8 Universities as Government Arts and Science Colleges pursuant to G.O.Ms.No.183 dated 15.09.2022.

2.01.The petitioners are holders of Ph.D. degrees or Post Graduate Degree and have pa

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